Federal Government - Introduction

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The Canadian State

I- Nature of the State

Canada is a federal state. It is made of ten federated states, called "provinces": Alberta, British Columbia, Manitoba, New Brunswick, Nova Scotia, Ontario, Prince Edward Island, Quebec, Saskatchewan and Newfoundland. It is also made of three "territories", whice cannot be considered as federated states stricto sensu: Northwest Territories, Yukon and Nunavut (created in April 1999).

Canada is also a "constitutional monarchy". Judicially speaking, et en vertu de l'article 9 de la Loi constitutionnelle de 1867, the Fead of the State of Canada is the Queen of the United Kingdom, Elizabeth II, under the title of "Queen of Canada". However, she is permanently represented in Canada by a General Governor, which is put into office by the Queen, on the recommendation of the Prime Minister of Canada. Michaëlle Jean is the person who holds the office of Governor General of Canada since 2005.

II- Political Regime

Canada works under a regime of parliamentary representative democracy based on the British model. As we explained in the section dedicated to the Political Régime of Quebec, such political régime may be defined as follows. The expression "representative democracy" refers to the fact that instead of exercising the power directly, the citizens give to some representatives explicitely designated in conformity with the Constitution (MPs and Senators) the mandate of doing so on behalf of them. The word "parliamentary" means that the executive power (the Cabinet) must have the confidence of the representatives of the people, meeting in the House of commons, to remain in office.

The Federal Institutions

I- Legislative Function

Exercising the legislative function, the Parliament of Canada, which is bicameral, is made of the Governor General (who's role is to give his assent to the bills passed by both houses of parliament, so they become acts) and of two houses: the House of Commons and the Senate.

II- Executive Function

The executive function is exerciced by the "Queen's Privy Council for Canada", which is aslo called "Privy Council" or "Cabinet", led by the Head of Government, the Prime Minister. The Cabinet is made of about thirty ministers appointed by the Governor General, on the recommendation of the Prime Minister. They must be Member of Parliament and are responsible to the House of Commons (but not to the Senate), as it is stated by the principle of responsible government.

The Cabinet takes on the direction of the government and of the administration of the State and defines its orientations, implements of the Acts passed by the Parliament and passes regulations. With the Governor General, it constitutes the "government" or the "Governor General in Council".

III- Judicial Function

The judicial function includes the courts of first instance and the appeal courts, with the Supreme Court of Canada as a final instance court. The Supreme Court's role includes the role of "general appeal court" as well as the role of "constitutional court" for Canada. It is made of nine judges appointed by the Governor General (on the recommendation of the Prime Minister). The judges of some provincial courts are also appointed by the Governor General, still on the recommendation of the Prime Minister.

Sources

Bernard, André. 1996. La vie politique au Québec et au Canada. Sainte-Foy: Presses de l'Université du Québec.

Bernard, André. 1995. Les institutions politiques au Québec et au Canada. Montréal : Boréal.

Brun, Henri, et Guy Tremblay. 1982. Droit constitutionnel. Supplément 1985 en annexe. Cowansville: Éditions Y. Blais, 1987.

Jackson, Robert J., et Doreen Jackson. 1994. Politics in Canada: Culture, Institutions, Behaviour and Public Policy. Troisième édition. Scarborough: Prentice-Hall.

Dernière mise à jour: 11 novembre 2004

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